The two parts of the First Amendment religious freedom, the Establishment Clause (Congress shall make no law respecting an establishment of religion) and the Free Exercise Clause (or prohibiting the free exercise thereof…), facilitate religious freedom while preventing the government from establishing or endorsing any particular religion. However, the two parts have resulted in diverse conflicts, especially when individuals exercise their religion publicly, especially as government employees. For instance, Joseph Kennedy’s exercising religious rights in a Public setting (playing in the midfield of a football pitch alone and eventually players and even some opposing team members) after each game raised crucial questions regarding where to draw the line between religious expression and government endorsement of religion. Joseph Kennedy’s behavior resulted in the case of Joseph Kennedy v. Bremerton School District.
Majority Opinion
The Case involved nine judges, and the court ruled in favor of Joseph Kennedy with a vote of 6-3. Kennedy had lost his job for practicing his religious right publicly. The public school district argued that Kennedy’s prayers violated the Establishment Clause, which prevents the administration from preferring one religion over another or establishing an official religion, and also claimed that students might have felt obligated to join their coach prayers (Howe). Kennedy argued that the school district placed him on administrative leave and that failure to renew his contract violated his rights under the Constitution’s free exercise and free speech clauses.
Neil Gorsuch’s argument was joined by the other five judges who ruled that the First Amendment protected Joseph Kennedy’s conduct.Gorsuch argued that Kennedy proved to the court that the decline of the school district to renew his contract ran against both clauses (Howe). With respect to the free exercise clause, Gorsuch agreed that it was clear that Kennedy’s desire to play was sincere, and the districts targeted his religious conduct by prohibiting him from praying (Howe). Regarding the free speech clause, Gorsuch argued that Kennedy prayed voluntarily, not as part of coach duty when the District allowed its coaching staff private speech of all manners.The school district’s reasoning (their decision to fire Kennedy was influenced by the belief allowing his prayers would breach the Establishment Clause) was rejected and dismissed in the Lemon v. Kurtzman 1971 case ruling, terming it as outdated and suggesting for his fellow judges always to consider the historical context for establishment clause cases (Howe). Gorsuch also overruled the school district’s claim that they prohibited Kennedy’s prayers so that other students would not feel obligated to join him by arguing that unlike other cases presented to the court that it found prayers in public schools being problematically coercive, Kennedy’s prayers were not publicly reacted or broadcasted to a captive audience. No one was expected or required to participate.
Dissenting Opinion
The dissenting opinion refers to an appellate opinion authored by a judge or judges disagreeing with the perceptive stated in the plurality or majority opinion and, subsequently, with the result reached in a particular case (United States Courts). In this case, Justice Sotomayor authored the dissenting opinion and was joined by Justice Elena Kagan. Justice Stephen Breyer wrote to express her disagreement with the reasoning and conclusions of the majority opinions. In her dissent, she claimed that Gorsuch argument of terming Kennedy’s prayers quiet and private misconstrued the facts as those prayers caused severe disruption of the school event. She concluded by saying that the ruling weakened the backstop established by the Establishment Clause, which protected religious freedom, as it elevated one person’s interest in personal religious exercise over the society’s interests in safeguarding the separation between state and church (Cornell Law School). She wrote the dissenting opinion to provide a counterargument to the majority opinion and to articulate her belief that the court’s decision was incorrect.
If I were a Justice in Kennedy v. Bremerton School District
If I were a Justice in the Supreme Court regarding this case, I would rule in favor of Kennedy for various reasons. Kennedy had argued that the school district violated his rights under the free exercise and free speech clauses. Concerning the two clauses, I would attentively evaluate the district’s argument. At first, the district argued that if they prohibited Kennedy’s post-game prayers to make sure that students do not feel obligated to join their coach. I would argue that Kennedy’s prayers were not being broadcasted or recited to students or the audience, and no one was asked or required to join him. Concerning the district argument that allowing Kennedy to continue with prayers would result in a violation of the Establishment Clause, I would argue that it lacked sufficient justification and overturn the court of appeal ruling regarding the matter as they failed to evaluate whether a practice or law violates the establishment clause through evaluation if history and the understanding of the Constitution drafters. Generally, Kennedy’s intention and desire to pray was genuine, and he did it voluntarily as it was not part of his coaching responsibilities.
Conclusion
Kennedy v. Bremerton School District highlights the multifaceted interrelation between government neutrality and religious freedom. Although people have the right to practice their religion freely, the government remains disinterested in the matter and avoids promoting or endorsing a specific religious view.
Works Cited
Cornell Law School. “KENNEDY v. BREMERTON SCHOOL DIST.” LII / Legal Information Institute, www.law.cornell.edu/supremecourt/text/21-418#writing-21-418_DISSENT_7.
Howe, Amy. “Justices Side with High School Football Coach Who Prayed on the Field with Students.” SCOTUSblog, 27 June 2022, www.scotusblog.com/2022/06/justices-side-with-high-school-football-coach-who-prayed-on-the-field-with-students/.
United States Courts. “Grove City College v. Bell – Glossary | United States Courts.” Www.uscourts.gov, www.uscourts.gov/educational-resources/educational-activities/grove-city-college-v-bell-glossary#:~:text=A%20dissenting%20opinion%20is%20an.
write